Legal Case Summary

Case Details
Case ID 2107d0eb-a3a7-46dd-aed0-b46e63efcc14
Body View case body.
Case Number Crl. Appeal No. 137 of 2018
Decision Date Oct 11, 2018
Hearing Date
Decision The court dismissed the application for suspension of the sentence awarded to the petitioner. The petitioner was convicted under Sections 36 and 37 of the Electronic Transactions Ordinance, 2002, for hacking the complainant's Facebook account and creating fake profiles to harass her. The court noted that the appeal was filed only a month after the conviction, which did not meet the six-month threshold required for suspension under Section 426 of the Criminal Procedure Code. The court emphasized the need for a thorough review of evidence and legal arguments during the main appeal, which is scheduled for further arguments.
Summary This case revolves around the conviction of a petitioner for offenses related to the Electronic Transactions Ordinance, specifically for hacking a Facebook account and creating fake identities to harass the complainant. The ruling emphasizes the importance of established legal principles regarding the suspension of sentences, particularly the time frame within which appeals must be decided. The court highlighted that the conviction was recent, and the necessary conditions for suspension were not met. The case has broader implications for online harassment laws and the enforcement of digital privacy rights, aligning with current discussions on cyber laws and electronic transactions. Legal professionals and advocates are encouraged to stay informed about such rulings as they shape the landscape of digital crime and victim protection.
Court Islamabad High Court
Entities Involved
Judges Mohsin Akhtar Kayani
Lawyers Raja Rizwan Abbasi, Mr. Sohail Akhtar, Mr. Zahid Asif Chaudhry
Petitioners
Respondents Another, State
Citations 2019 SLD 2758, 2019 PLJ 1703
Other Citations 2005 P.Cr.LJ 657, 2008 MLD 312, 1991 SCMR 1909, 2016 SCMR 1325, 2007 SCMR 246, 2013 SCMR 1403, 2013 Law Notes 88, 2010 YLR 1178, 1999 MLD 2382
Laws Involved Electronic Transactions Ordinance, 2002, Criminal Procedure Code (V of 1898)
Sections 36, 37, 426, 426(1A), 497, 526